Criminal Trials

ORS 136.432
Limitation on court’s authority to exclude relevant evidence

A court may not exclude relevant and otherwise admissible evidence in a criminal action on the grounds that it was obtained in violation of any statutory provision unless exclusion of the evidence is required by:

(1)

The United States Constitution or the Oregon Constitution;

(2)

The rules of evidence governing privileges and the admission of hearsay; or

(3)

The rights of the press. [1997 c.313 §1]
Note: 136.432 (Limitation on court’s authority to exclude relevant evidence) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

This section requires admission of evidence obtained through unlawful expansion of traffic stop in violation of ORS 810.410. State v. Arabzadeh, 162 Or App 423, 986 P2d 736 (1999)

Evidence is “otherwise admissible evidence” if statute does not expressly make improperly obtained evidence inadmissible. State v. Thompson-Seed, 162 Or App 483, 986 P2d 732 (1999)

Application of statute to alter rules of evidence for offenses committed prior to June 12, 1997, violates constitutional prohibition against ex post facto laws. State v. Fugate, 332 Or 195, 26 P3d 802 (2001)

Source

Last accessed
Mar. 11, 2023

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